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In relation to the most recent post, the Supreme Court has just unanimously reaffirmed the power of the jury to decide issues of commercial impression in a trademark tacking decision. Read the full opinion here: http://www.supremecourt.gov/opinions/14pdf/13-1211_1bn2.pdf

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U.S. Supreme Court to Decide A “Tacky” Situation

In the trademark context, “tacking” refers to a legal doctrine that allows a trademark to undergo minor changes over time and maintain its priority to prevent subsequent users from taking over lawful use of the mark in commerce. Tacking also avoids a finding by a Court that the earlier user abandoned its rights to the [..]

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Garrett’s “Chicago Mix” is a Thing of the Past

If you live in Chicago, you’re probably a fan of the strange-yet-delicious popcorn mix sold by Garrett Popcorn. Known as “Chicago Mix,” ordering this popcorn will get you a combination of caramel and cheese popcorn. Or at least it used to. This month, the owner of Garrett Popcorn settled with the owners of Candyland, a [..]

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Beyonce – Queen of Copyright Infringement?

Female pop singers have been taking over music lately, from their chart-topping hits to social media accounts of their personal lives. Albums have been released in secret, some lyrics leaked in advance, and still they are huge hits, selling millions of copies around the world. These women have started to flex their economic and intellectual [..]

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Are You Protecting Your Trade Secrets with a Restrictive Covenant?

You Better Have Separate and Reasonable Compensation If You Want an Illinois Court to Enforce It Against Newer Employees. The Illinois First District Appellate Court’s opinion in Fifield v. Premier, 2013 IL App (1st) 120327, handed down last year serves as a latest reminder to all Illinois employers that if you want your Illinois employees [..]

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Naked Licensing – Almost as Scandalous as It Sounds

We’ve all heard the expression “use it or lose it.” This can apply to many situations, and says what it means: if you don’t use what you have, you could lose it. This expression is particularly appropriate to trademarks and their owners. In the trademark context, the expression speaks more to maintenance and control of [..]

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Author “Frozen” Out?

When Disney’s Frozen came out last November, it took the nation by storm. People of all ages loved the movie. Covers and parodies of the hit song “Let It Go” could be heard anywhere and everywhere, including the local news. People raved that Disney had done it again – another amazing, classic movie. However, one [..]

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